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Help with MTC, BEST BUY VISA CARD, TX


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I've been looking online and on here on how to file a mtc, i'm still lost on what all should i put in the (exibit A) part on the Motion. Attached is a copy of the OC agreement.  Do i write everything that is stated in the arbitration part on the agreement on my motion? And my agreement does have a valid arbitration clause, correct? By reading other posts on here I know i have to pay the $200 filing fee for AAA, which is fine. 

Here's some other info about my case also. I filed my answer already and requested arbitration as a defense. Lawsuit is filled in a JP court in Tx and the JDB is PRA.  Any feedback and tips from y'all on here here will be greatly appreciated, thanks!My_Best_Buy_Credit_Card_Agreement (2).pdf

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9 hours ago, Idoitagain2020 said:

And my agreement does have a valid arbitration clause, correct?

(I am not an attorney.) If the Best Buy agreement you've linked to is the correct agreement that applies to the account that is the subject of this lawsuit, then yes, it appears to have a valid arbitration clause. Please take the time to carefully read the entire arbitration section of this agreement--as the very first sentence in "all caps" instructs you to do, on starting on page 11. 

9 hours ago, Idoitagain2020 said:

I've been looking online and on here on how to file a mtc, i'm still lost on what all should i put in the (exibit A) part on the Motion.

Are you referring to this "Exhibit A" from Fisthardcheese's sample motion from his pinned arb thread?  " 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached)." Did you send this letter to the plaintiff? If not, you would not have it to include as your Exhibit A. (You would have specified AAA as the arb forum, not JAMS, as the agreement dictates.) On page 12 of the arb clause "How arbitration works," it states, "Arbitration may be requested at any time, even when there is a pending lawsuit, unless a trial has begun or a final judgment entered." and " To choose arbitration, a party may file a motion to compel arbitration in a pending matter..." The agreement you posted does not appear to require you to send a letter, although you could have.

 

9 hours ago, Idoitagain2020 said:

Do i write everything that is stated in the arbitration part on the agreement on my motion?

In Fisthardcheese's sample MTC template (to be modified to your specific facts and state laws) he quotes from a sample agreement's arb clause. You would replace what is quoted here with the exact language used in the Best Buy agreement. Yours may or may not be in all caps. 

"4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT."

9 hours ago, Idoitagain2020 said:

By reading other posts on here I know i have to pay the $200 filing fee for AAA, which is fine.

Please read the Best Buy agreement's section "Paying for arbitration fees" found on page 13. If your AAA arb demand claim is unrelated to debt collection, then PRA will pay your AAA fee; otherwise, arb fees are allocated according to the AAA consumer rules. 

How/where did you obtain the copy of the Best Buy agreement? Was it provided by PRA? 

Please be aware that recently a few of our forum members have been surprised to learn that PRA will in fact agree to go all the way in arbitration. The large costs compared to the debt amount have not been a deterrent. We now have a case where even arb-adverse Midland has agreed to arb. Do you have any plausible FDCPA or Texas consumer law violations here? If yes, this may put you in a better position to negotiate a settlement. 

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51 minutes ago, Brotherskeeper said:
Quote

 

(I am not an attorney.) If the Best Buy agreement you've linked to is the correct agreement that applies to the account that is the subject of this lawsuit, then yes, it appears to have a valid arbitration clause. Please take the time to carefully read the entire arbitration section of this agreement--as the very first sentence in "all caps" instructs you to do, on starting on page 11. 

Are you referring to this "Exhibit A" from Fisthardcheese's sample motion from his pinned arb thread?  " 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached)." Did you send this letter to the plaintiff? If not, you would not have it to include as your Exhibit A. (You would have specified AAA as the arb forum, not JAMS, as the agreement dictates.) On page 12 of the arb clause "How arbitration works," it states, "Arbitration may be requested at any time, even when there is a pending lawsuit, unless a trial has begun or a final judgment entered." and " To choose arbitration, a party may file a motion to compel arbitration in a pending matter..." The agreement you posted does not appear to require you to send a letter, although you could have.

 

Yes that is what i was referring to. Only thing i sent so far to the plaintiffs attorney and court were the (my) answers form.  So i don't have to send PRA the MTC, just file it with the court? 

Quote

 

In Fisthardcheese's sample MTC template (to be modified to your specific facts and state laws) he quotes from a sample agreement's arb clause. You would replace what is quoted here with the exact language used in the Best Buy agreement. Yours may or may not be in all caps. 

"4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT."

Please read the Best Buy agreement's section "Paying for arbitration fees" found on page 13. If your AAA arb demand claim is unrelated to debt collection, then PRA will pay your AAA fee; otherwise, arb fees are allocated according to the AAA consumer rules. 

How/where did you obtain the copy of the Best Buy agreement? Was it provided by PRA?

 

No it was not. I obtained it from another member on here posts and it is an agreement from 2018 the last year i used the CC.  

Quote

Please be aware that recently a few of our forum members have been surprised to learn that PRA will in fact agree to go all the way in arbitration. The large costs compared to the debt amount have not been a deterrent. We now have a case where even arb-adverse Midland has agreed to arb. Do you have any plausible FDCPA or Texas consumer law violations here? If yes, this may put you in a better position to negotiate a settlement. 

Oh, I have not seen those threads yet. No, not that i'm aware of. So, is it even worth filing an MTC now? This really sucks. 

Thank you for taking your time and responding back to me, very much appreciated! 

 

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3 hours ago, Idoitagain2020 said:

Oh, I have not seen those threads yet. No, not that i'm aware of. So, is it even worth filing an MTC now? This really sucks. 

@catlady22 is one where PRA went all the way, and stuck her with the arb fees because the arbitrator (wrongly, IMO) decided her arbitration was frivolous.  

But, I think it is still worth filing the MTC Arb.  Unless you think you would have a better chance in court.  Usually arb puts you in a more favorable position to settle.

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3 hours ago, Idoitagain2020 said:

So i don't have to send PRA the MTC, just file it with the court? 

You really need to read up on your rules of civil procedure for your court. In my state, the court requires that a copy of a motion and all papers attached filed with the court has to be sent to the opposing party. In fact, you have to include a sworn certificate of service that states when and how you sent the copy to the other side's attorney. 

3 hours ago, Idoitagain2020 said:
Quote

How/where did you obtain the copy of the Best Buy agreement? Was it provided by PRA?

No it was not. I obtained it from another member on here posts and it is an agreement from 2018 the last year i used the CC.  

@texasrocker may know if you should also submit an affidavit that attests that the attached copy of the Best Buy agreement is the applicable agreement for the subject account. 

I really have no way of knowing whether or not PRA in your particular case would go into arb or not. We don't know if this is a new PRA policy or just in certain cases. 

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1 hour ago, nobk4me said:

@catlady22 is one where PRA went all the way, and stuck her with the arb fees because the arbitrator (wrongly, IMO) decided her arbitration was frivolous.  

But, I think it is still worth filing the MTC Arb.  Unless you think you would have a better chance in court.  Usually arb puts you in a more favorable position to settle.

I just heard from another poster, Percyb, who just completed arb in JAMS against PRA. PRA was given the charge-off debt balance amount as an award. They asked for their fees, too, but the arbitrator didn't award them. PRA spent a lot of money. 

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9 minutes ago, Brotherskeeper said:

I just heard from another poster, Percyb, who just completed arb in JAMS against PRA. PRA was given the charge-off debt balance amount as an award. They asked for their fees, too, but the arbitrator didn't award them. PRA spent a lot of money. 

Yes, PRA spent a lot of money, but it will most likely be able to deduct it from its taxes as a business cost.  

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4 minutes ago, BV80 said:

Yes, PRA spent a lot of money, but it will most likely be able to deduct it from its taxes as a business cost.  

At least they didn't get their fees awarded back. That is one small consolation for the OP. Perhaps it will give them less enthusiasm to go into arb. We'll have to see. 

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18 minutes ago, Brotherskeeper said:

At least they didn't get their fees awarded back. That is one small consolation for the OP. Perhaps it will give them less enthusiasm to go into arb. We'll have to see. 

I’m glad they didn’t get their fees back from the OP.  Hopefully, the OP can rest a little easier now.  

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